2020-21 (EG)RESOLUTION NO. PC 2020-21A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSIONOF AN INTERPRETATION OF THE APPLICATION OF ENCINITAS MUNICIPAL CODE SECTION30.16.010.B6.a.i AS IT RELATES TO THE MEASUREMENT OF BUILDING HEIGHT FOR A LOTWITH AN AVERAGE LOT SLOPE GREATER THAN TEN PERCENT ON THE PROPERTYLOCATED AT 1323 EOLUS AVENUE(CASE NO. ITRP-003765-2020)WHEREAS, lan Pyka filed an application request for consideration of a Planning CommissionInterpretation of the application of Encinitas Municipal Code (Section 30.16.01086.a.i) as it relates to themeasurement of building height for a lot with a lot slope greater than ten percent on property located at1323 Eolus Avenue; andWHEREAS, the Planning Commission conducted noticed public hearings on the application onAugust 20, 2020 and October 1,2020.NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitashereby finds that: (1) no bluff or bluff edge is present on the subject property; and (2) the subject propertyhas an average lot slope greater than ten percent, which requires the property located at 1323 EolusAvenue to comply with the building height measurement requirements outlined in Section30.16.010B6.a.i of the Encinitas Municipal Code.BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, findsthat interpretation of provisions of the Municipal Code by the Planning Commission is not subject toenvironmental review as per Section 15060(c) of the CEQA Guidelines because the activity in question isnot a project as per Section 15378(b)(2) of the CEQA Guidelines.PASSED AND ADOPTED this 1st day of October, 2020 by the following vote, to wit:AYES:NAYS:ABSENT:ABSTAIN:Doyle, Ehlers, Farrow, SherodFlickerNoneNone^^Bruc^sERfers, CtiairATTEST:'iiARc^/ Sa^a'uSe^retaiVNOTErThis action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legalchallenges.PBD\LW\T:\Resolutions/ITRP-3765-2020-1 -